R v McMahon [2006] NSWDC 81

New South Wales District Court

CITATION: R v McMahon [2006] NSWDC 81

JUDGMENT DATE: 3 November 2006

JUDGMENT OF: Berman SC DCJ

DECISION: For the offence of aggravated cruelty upon an animal, the appeal is allowed, the convictions are quashed, and I find the appellant not guilty by reason of mental illness. For the offence of possessing a prohibited drug the appeal is dismissed and the convictions are confirmed.

CATCHWORDS: Appeal from Magistrate - Mental Illness - Psychosis - Cruelty to Animals - Self induced intoxication

Crimes Act 1900 LEGISLATION CITED: Mental Health (Criminal Procedure) Act 1990 Evidence Act 1995

R v Meddings [1966] VR 306 Falconer v The Queen (1990) 171 CLR 30 CASES CITED: R v Welsh (1996) 90 A Crim R 364 R v Peterson [2000] NSWCCA 47 R v Derbin [2000] NSWCCA 361

PARTIES: NSW DPP Brendan Francis McMahon

FILE NUMBER(S): 06/12/1101

COUNSEL: M Laffan (solicitor) Crown D Marr (appellant)

SOLICITORS: NSW DPP

JUDGMENT

Introduction

1 Throughout July and August of 2005 police investigated a very disturbing series of events. They, and RSPCA inspectors, became aware that someone was purchasing rabbits from pet stores and mutilating them in cruel and horrible ways. Whoever was doing this was then dumping the bodies in the vicinity of York Street in the city.

2 Their investigations revealed that the person who was doing these terrible things was the appellant, Brendan Francis McMahon. He was arrested by police and convicted by a magistrate of 18 counts of committing an act of aggravated cruelty upon an animal (section 6(1) Prevention of Cruelty to Animals Act 1979). He was also convicted of two counts of possessing a prohibited drug(section 10(1) Drug Misuse and Trafficking Act), some cannabis being found when police searched Mr McMahon's home and business premises as part of their investigations into the torture of the animals.